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Have You Been Charged with Going Equipped for Stealing?

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  • Commonwealth Theft
  • Carjacking
  • Aggravated Carjacking
  • Burglary
  • Aggravated Burglary
  • Going Equipped for Stealing
  • Possessing Housebreaking Implements
  • Escaping from Lawful Custody
  • Making False Reports to Police
  • Trespass

What does it mean to be charged with going equipped for stealing?

Being charged with Going Equipped for Stealing under Section 91 of the Crimes Act 1958 is a serious offence that can result in imprisonment. If you are facing this charge, it is essential to consult with an experienced criminal defence lawyer as soon as possible to explore possible defences and ensure the best outcome for your case.

There are numerous potential defences to this charge, including whether the prosecution can prove that the item in your possession was actually intended for use in burglary, theft, or cheat. Could the item have been for a legitimate purpose? Was the item in your possession or someone elseโ€™s? Answering these questions requires legal expertise.

What must the prosecution prove?

To secure a conviction for Going Equipped for Stealing, the prosecution must prove the following elements:

  1. You had possession of an article.
  2. The article was intended for use in or in connection with a burglary, theft, or cheat.
  3. The article was made or adapted for committing such an offence.

Penalty for being equipped for stealing:

a judge sitting at a desk

If convicted of Going Equipped for Stealing, the penalty is Level 7 imprisonment, carrying a maximum sentence of 2 years.

a judge sitting at a desk

Where Will My Case Be Heard?

Charges of Going Equipped for Stealing are typically heard in the Magistrates Court.

Factors and defences to consider:

  • Did you intent to steal?
  • Did you possess an article in the connection with the taking of someone elseโ€™s belongings?
  • How did you use this article?
  • What was the article?
  • Was the item alleged to be used for stealing actually for another legitimate purpose?ย 
  • Was the item actually in the possession of another individual?
  • What were the surrounding circumstances of the offence?

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What Should You Do Next?

If you have been charged with Going Equipped for Stealing, it is crucial to act quickly. This charge carries the potential for a prison sentence, so you should not delay in seeking legal representation. MK Law specialises in criminal defence, and our team can help you assess whether the prosecution has sufficient evidence to prove each element of the offence.

Our experienced lawyers will examine whether the article in question was genuinely intended for illegal use or if there may be another legitimate explanation for its possession. We will guide you through your legal options, build a strong defence, and aim to minimise the impact of these charges on your life.

Contact MK Law today on 1800 130 120 for a confidential consultation. We will guide you through the legal process and ensure you receive the representation you need to defend your rights effectively.

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